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Court system of Canada

The court system of Canada is made up of many courts differing in levels of legal superiority and separated by jurisdiction. In the courts, the judiciary interpret and apply the law of Canada. Some of the courts are federal in nature, while others are provincial or territorial.

The Constitution of Canada gives the federal Parliament of Canada exclusive jurisdiction in criminal law, while the provinces have exclusive control over much of civil law.[1] Each province has authority over the administration of justice within that province.[2]


Most cases are heard in provincial and territorial courts. Provincial and territorial superior courts have inherent jurisdiction over civil and criminal cases.[3] Provincial and territorial lower courts try most criminal offences, small civil claims, and some family matters.[4]


The smaller federal court system consists of the Federal Court, Federal Court of Appeal, and Tax Court. There are also the courts martial, for military offences, with an appeal to the Court Martial Appeal Court. The jurisdiction of the Federal Court and the Federal Court of Appeal is limited to cases where the subject matter is within federal jurisdiction and regulated by federal law, and where the administration of that law has been conferred upon the federal courts by a statute passed by Parliament.[5] These matters include immigration and refugee law, navigation and shipping, intellectual property, federal taxation, some portions of competition law and certain aspects of national security, as well as the review of most federal administrative decisions.[6] The federal courts and provincial and territorial courts share jurisdiction over civil actions against the federal government.


The Supreme Court of Canada is the final court of appeal for all levels of court in Canada. Any legal issue, whether under the Constitution of Canada, federal law, or provincial law, potentially can be heard and determined by the Supreme Court.


The federal government appoints and pays for both the judges of the federal courts and the judges of the superior appellate and trial level courts of each province.[7][8] The provincial governments are responsible for appointing judges of the lower provincial courts.[2] Although not judicial courts themselves, administrative tribunals also feed into the provincial/territorial and federal court hierarchies. This intricate interweaving of federal and provincial powers is typical of the Canadian constitution.

Inherent versus statutory jurisdiction[edit]

Courts of inherent jurisdiction[edit]

The superior courts from the provinces and territories are courts of inherent jurisdiction, which means that the jurisdiction of the superior courts is more than just what is conferred by statute. Following the principles of English common law, because the superior courts derive their authority from the Constitution, they can hear any matter unless there is a federal or provincial statute that says otherwise or that gives exclusive jurisdiction to some other court or tribunal. The doctrine of inherent jurisdiction gives superior courts greater freedom than statutory courts to be flexible and creative in the delivering of legal remedies and relief.

Statutory courts[edit]

The Supreme Court of Canada, the federal courts, the various appellate courts from the provinces and territories, and the numerous low-level provincial courts are statutory courts whose decision-making power is granted by either the federal parliament or a provincial legislature.


The word "statutory" refers to the fact that these courts' powers are derived from a statute and is defined and limited by the terms of the statute. A statutory court cannot try cases in areas of law that are not mentioned or suggested in the statute. In this sense, statutory courts are similar to non-judicial adjudicative bodies such as administrative tribunals, boards, and commissions, which are created and given limited power by legislation. The practical implication of this is that a statutory court cannot provide a type of legal remedy or relief that is not expressly or implicitly referred to in its enabling or empowering statute.

The judicial function of the Royal Prerogative is performed in trust and in the King's name by officers of His Majesty's court, who enjoy the privilege granted conditionally by the sovereign to be free from criminal and civil liability for unsworn statements made within the court. This dispensation extends from the notion in common law that the sovereign "can do no wrong".

[84]

Trial judges typically take a passive role during trial; however, during their charge to the , judges may comment upon the value of certain testimony or suggest the appropriate amount of damages in a civil case, although they are required to tell the jury that it is to make its own decision and is not bound to agree with the judge.

jury

Jury trials are usually reserved for serious criminal cases. The Canadian Charter of Rights and Freedoms provides a constitutional right to a jury trial for any person charged with a crime punishable by imprisonment for five years or more. This right has been expanded by the Criminal Code, which provides that any person charged with an indictable offence has a right to a jury.

There are no juries in civil cases in the Federal Court or the courts of Quebec, but there are civil juries in the other nine provinces. Only and Ontario regularly use juries in civil trials.

British Columbia

Evidence and documents are not passed directly to the judge, but instead passed to the judge through the court clerk. The clerk, referred to as "Mister/Madam Clerk" or "Mister/Madam Registrar", also wears a robe and sits in front of the judge and faces the lawyers.

In some jurisdictions, the client sits with the general public, behind counsel's table, rather than beside his or her lawyer at counsel's table. The accused in a criminal trial sits in the prisoners box often located on the side wall opposite the jury, or in the middle of the courtroom. However it is becoming increasingly common for accused persons to sit at counsel table with their lawyers or in the body of the courtroom, particularly when the accused is not in custody.

In four provinces (British Columbia, Alberta, Manitoba and Ontario), the superior-level courts employ judicial officers known as or Associate Justices who deal with interlocutory motions (or interlocutory applications) in civil cases. In some jurisdictions, Masters may grant final orders in specific types of cases, such as the administration of estates, foreclosures and bankruptcy proceedings. In the Federal Court, a Associate Justice holds a similar positions to that of a Master.

Masters

Judges do not use . Instead, a judge raises their voice (or stands up if necessary) to restore order in the courtroom.

gavels

In most jurisdictions, when entering or leaving a courtroom when there is a judge seated inside, one should bow, while standing inside the court but near the doorway, in the direction of the seated judge. Many lawyers also bow when crossing the .

bar

Forms of address vary among courts. Judges of superior courts in some provinces are traditionally as "My Lord" or "My Lady," but in other provinces are referred to as "Your Honour". Judges of inferior courts are always traditionally referred to in person as "Your Honour". The practice varies across jurisdictions, with some superior court judges preferring the titles "Mister Justice" or "Madam Justice" to "Lordship".[86] Judges of the Supreme Court of Canada and of the federal-level courts prefer the use of "Mister/Madam (Chief) Justice". Justices of the Peace are addressed as "Your Worship". The French-language style used in Quebec is Madame la Juge / Monsieur le Juge in all levels of court, although some lawyers unofficially say Votre Honneur or Votre Seigneurie (your lordship).

addressed

Judges of inferior courts are referred to as "Judge [Surname]" while judges of superior and federal courts are referred to as "Mister/Madam Justice [Surname]," except in Ontario, where all trial judges in referred to as "Mister/Madam Justice".

A lawyer advocating in court typically uses "I" when referring to him or herself. The word "we" is not used, even if the lawyer is referring to him/herself and his/her client as a group.

The judge in court refers to a lawyer as "counsel" (not "counsellor"), or simply "Mr./Ms. [surname]". In Quebec, the title "Maître" is used.

In court, it is customary for opposing counsel to refer to one another as "my friend", or sometimes (usually in the case of ) "my learned friend".

King's Counsel

In any criminal law case, the prosecuting party is "" while the criminally prosecuted person is called the "accused". The prosecuting lawyer is called "Crown Counsel" (or, in Ontario, "Crown attorney"). Crown counsel in criminal proceedings are customarily addressed and referred to as "Mr. Crown" or "Madam Crown."

the Crown

The "versus" or "v." in the of Canadian court cases is often pronounced "and" (rather than "vee" or "versus" as in the U.S. or "against" in criminal proceedings in England, Scotland, and Australasia).

style of cause

Law of Canada

Morton, Frederick Lee (2002), , Frederick Lee, ISBN 1-55238-046-7

Law, politics, and the judicial process in Canada

Riddell, Troy, Lori Hausegger, Matthew Hennigar (2008), Canadian courts : law, politics, and process, Don Mills, Ont.: Oxford University Press Canada,  978-0-19-542373-0{{citation}}: CS1 maint: multiple names: authors list (link)

ISBN

The website provides a searchable database containing nearly all new and many older decisions emanating from all Canadian courts and most Canadian tribunals, as well as most federal and provincial statutes and numerous legal journals and texts. Decisions of individual courts are also provided through that court's website (see partial list below).

Canadian Legal Information Institute (CanLII)

Department of Justice Canada

Supreme Court of Canada

Federal Court and Federal Court of Appeal

Tax Court of Canada

Courts of the Northwest Territories

Courts of Yukon

Nunavut Court of Justice

Courts of British Columbia

Courts of Alberta

Courts of Manitoba

Courts of Saskatchewan

Courts of Ontario

Courts of Quebec

Archived February 8, 2005, at the Wayback Machine

Courts of New Brunswick

Courts of Newfoundland

Courts of Nova Scotia

Supreme Court of Prince Edward Island

Court Martial Appeal Court of Canada

Canadian Judicial Council